The central legal point established in the judgment is the validity of the accused's exercise of the right of private defence.

JUDGMENT

Sureshwar Thakur, J. - The instant appeal is directed against the verdict of conviction, as recorded by the learned Additional Sessions Judge, Moga, upon, Sessions Case No.33. The impugned verdict of conviction was drawn by the learned Additional Sessions Judge (supra) vis-a-vis charges drawn against the accused for offences constituted under Sections 307, 323, 148, and, under Section 149 of the IPC.

2. Moreover, through a separate sentencing order, drawn by the learned Additional Sessions Judge concerned, on 15.11.2017, he proceeded to impose upon the convicts, the hereinafter extracted sentences of imprisonment, and, of fine.

3. All the sentences were directed to run concurrently, and, the period spent by the convicts in jail was ordered to be set off from the period of the above impugned substantive sentence of imprisonment, as, became imposed upon each of them. The afore drawn order of sentence, is also challenged by the convicts, through their rearing the instant appeal before this Court.

4. The brief facts of the case are that as per prosecution story, FIR was registered against the accused on the statement of complainant Karamjit Singh, wherein, he has stated that he is resident of village Bakarwala. On 04.04.2014, he alongwith his younger brother Kuldeep Singh had gone for a walk at about 8 pm after taking meals. When they had reached on phirni of village, which is metaled road, near house of Darshan Singh son of Arjan Singh, they found that Darshan Singh son of Arjan Singh, Gurbachan Singh son of Darshan Singh and Kashmir Singh son of Arjan Singh, all residents of village Bakarwala were present there and chatting. Dog of Kashmir Singh was standing near them. Dog had tried to bite them. He had picked up a brick bat and thrown it towards the dog. Aforesaid persons started abusing him. His brother Kuldeep Singh had taken him to house saying that they are not to quarrel. Thereafter, they had gone for a walk and returned after about ten minutes. When they were reached near the house of Darshan Singh, they had seen Darshan Singh, Gurbachan Singh, Dharampreet Singh, Balbir Singh and Kashmir Singh were standing. Balbir Singh was armed with sword, Gurbachan Singh was armed with small toki, Kashmir Singh and Darshan Singh were armed with sticks and Dharampreet Singh was empty handed. On seeking them, Dharampreet Singh raised a lalkara that they should not be spared because they had given a brick bat blow to their dog. They had started abusing them. Gurbachan Singh had given a toki blow with an intention to kill him, which had rested in the middle of the head. Kashmir Singh had given a dang blow on his person and in order to avoid said blow, he had raised his right hand and dang hit on fingers of his hand. Balbir Singh and Darshan Singh had caught hold Kuldeep Singh from his waist and gave him fist blows. Then, they raised a alarm 'Mar Dita Mar Dita'. People from neighbourhood, his wife Parwinder Kaur and uncle MohanS